Extradition Act 2003

• Citation: 2003 c. 41
• Sections: 370

Section 1 Extradition to category 1 territories

(1) This Part deals with extradition from the United Kingdom to the territories designated for the purposes of this Part by order made by the Secretary of State.

(2) In this Act references to category 1 territories are to the territories designated for the purposes of this Part.

(3) A territory may not be designated for the purposes of this Part if a person found guilty in the territory of a criminal offence may be sentenced to death for the offence under the general criminal law of the territory.

Section 2 Part 1 warrant and certificate

(1) This section applies if the designated authority receives a Part 1 warrant in respect of a person.

(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains—

(a) the statement referred to in subsection (3) and the information referred to in subsection (4), or

(b) the statement referred to in subsection (5) and the information referred to in subsection (6).

(3) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued is accused in the category 1 territory of the commission of an offence specified in the warrant, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being prosecuted for the offence.

(4) The information is—

(a) particulars of the person’s identity;

(b) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(c) particulars of the circumstances in which the person is alleged to have committed the offence, including the conduct alleged to constitute the offence, the time and place at which he is alleged to have committed the offence and any provision of the law of the category 1 territory under which the conduct is alleged to constitute an offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence if the person is convicted of it.

(5) The statement is one that—

(a) the person in respect of whom the Part 1 warrant is issued has been convicted of an offence specified in the warrant by a court in the category 1 territory, and

(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(6) The information is—

(a) particulars of the person’s identity;

(b) particulars of the conviction;

(c) particulars of any other warrant issued in the category 1 territory for the person’s arrest in respect of the offence;

(d) particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;

(e) particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.

(7) The designated authority may issue a certificate under this section if it believes that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(7A) But in the case of a Part 1 warrant containing the statement referred to in subsection (3), the designated authority must not issue a certificate under this section if it is clear to the designated authority that a judge proceeding under section 21A would be required to order the person's discharge on the basis that extradition would be disproportionate.

In deciding that question, the designated authority must apply any general guidance issued for the purposes of this subsection.

(7B) Any guidance under subsection (7A) may be revised, withdrawn or replaced.

(7C) The function of issuing guidance under subsection (7A), or of revising, withdrawing or replacing any such guidance, is exercisable by the Lord Chief Justice of England and Wales with the concurrence of—

(a) the Lord Justice General of Scotland, and

(b) the Lord Chief Justice of Northern Ireland.

(8) A certificate under this section must certify that the authority which issued the Part 1 warrant has the function of issuing arrest warrants in the category 1 territory.

(9) The designated authority is the authority designated for the purposes of this Part by order made by the Secretary of State.

(10) An order made under subsection (9) may—

(a) designate more than one authority;

(b) designate different authorities for different parts of the United Kingdom.

Section 3 Arrest under certified Part 1 warrant

(1) This section applies if a certificate is issued under section 2 in respect of a Part 1 warrant issued in respect of a person.

(2) The warrant may be executed by a constable or a customs officer in any part of the United Kingdom.

(3) The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.

(5) The warrant may be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Person arrested under Part 1 warrant

(1) This section applies if a person is arrested under a Part 1 warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(5) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(6) A person arrested under the warrant must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (3) or he is discharged under subsection (4) or (5).

Section 5 Provisional arrest

(1) A constable, a customs officer or a service policeman may arrest a person without a warrant if he has reasonable grounds for believing—

(a) that a Part 1 warrant has been or will be issued in respect of the person by an authority of a category 1 territory, and

(b) that the authority has the function of issuing arrest warrants in the category 1 territory.

(2) A constable or a customs officer may arrest a person under subsection (1) in any part of the United Kingdom.

(3) A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(4) If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere.

Section 6 Person arrested under section 5

(1) This section applies if a person is arrested under section 5.

(2) The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested.

(2A) The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B).

(2B) Subsection (3) applies if—

(a) the person has been brought before the judge in compliance with subsection (2); but

(b) documents have not been produced to the judge in compliance with subsection (2A).

(3) The person must be brought before the judge when the documents are produced to the judge.

(3A) While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours.

(3B) The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period.

(3C) The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities.

(3D) Notice of an application under subsection (3A) must be given in accordance with rules of court.

(4) The documents are—

(a) a Part 1 warrant in respect of the person;

(b) a certificate under section 2 in respect of the warrant.

(5) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(5A) Subsection (5B) applies if—

(a) the person is before the judge in pursuance of subsection (2); and

(b) the documents specified in subsection (4) have not been produced to the judge.

(5B) The judge must remand the person in custody or on bail (subject to subsection (6)).

(6) If subsection (2) , (2A) or (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) If subsection (5) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(8) The person must be treated as continuing in legal custody until he is brought before the appropriate judge under subsection (2) or he is discharged under subsection (6) or (7).

(8A) In calculating a period of 48 hours for the purposes of this section no account is to be taken of—

(a) any Saturday or Sunday;

(b) Christmas Day;

(c) Good Friday; or

(d) any day falling within subsection (8B).

(8B) The following days fall within this subsection—

(a) in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge;

(b) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

(9) Subsection (10) applies if—

(a) a person is arrested under section 5 on the basis of a belief that a Part 1 warrant has been or will be issued in respect of him;

(b) the person is discharged under subsection (6) or (7).

(10) The person must not be arrested again under section 5 on the basis of a belief relating to the same Part 1 warrant.

Section 7 Identity of person arrested

(1) This section applies if—

(a) a person arrested under a Part 1 warrant is brought before the appropriate judge under section 4(3), or

(b) a person arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) is complied with in relation to him.

(2) The judge must decide whether the person brought before him is the person in respect of whom—

(a) the warrant referred to in subsection (1)(a) was issued, or

(b) the warrant referred to in section 6(4) was issued.

(3) The judge must decide the question in subsection (2) on a balance of probabilities.

(4) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(5) If the judge decides that question in the affirmative he must proceed under section 8.

(6) In England and Wales, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person.

(7) In Scotland—

(a) the judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person; but

(b) in his making any decision under subsection (2) evidence from a single source shall be sufficient.

(8) In Northern Ireland, the judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person.

(9) If the judge exercises his power to adjourn the proceedings he must remand the person in custody or on bail.

(10) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 8 Remand etc.

(1) If the judge is required to proceed under this section he must—

(a) fix a date on which the extradition hearing is to begin;

(b) inform the person of the contents of the Part 1 warrant;

(c) give the person the required information about consent;

(d) remand the person in custody or on bail.

(2) If the person is remanded in custody, the appropriate judge may later grant bail.

(3) The required information about consent is—

(a) that the person may consent to his extradition to the category 1 territory in which the Part 1 warrant was issued;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given before the judge and is irrevocable.

(4) The date fixed under subsection (1) must not be later than the end of the permitted period, which is 21 days starting with the date of the arrest referred to in section 7(1)(a) or (b).

(4A) But if proceedings in respect of the extradition are adjourned under section 8A or 8B, the permitted period is extended by the number of days for which the proceedings are so adjourned.

(5) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(6) Subsections (7) and (8) apply if the extradition hearing does not begin on or before the date fixed under this section.

(7) If the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(8) If no application is made under subsection (7) the judge must order the person’s discharge on the first occasion after the date fixed under this section when the person appears or is brought before the judge, unless reasonable cause is shown for the delay.

Section 8A Person charged with offence in United Kingdom before extradition hearing

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the United Kingdom.

(2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore .

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

Section 8B Person serving sentence in United Kingdom before extradition hearing

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 4(3) or 6(2) but the extradition hearing has not begun; and

(b) the judge is informed that the person is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether on licence or otherwise).

(3) In a case where further proceedings in respect of the extradition are adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (period of remand in custody) has effect as if a reference to 28 days in—

(i) sub-paragraph (a)(iii), or

(ii) the words after sub-paragraph (b),

were a reference to six months.

Section 9 Judge’s powers at extradition hearing

(1) In England and Wales, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the summary trial of an information against the person in respect of whom the Part 1 warrant was issued.

(2) In Scotland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by the person in respect of whom the Part 1 warrant was issued.

(3) In Northern Ireland, at the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrates' court would have if the proceedings were the hearing and determination of a complaint against the person in respect of whom the Part 1 warrant was issued.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 10 Initial stage of extradition hearing

(1) This section applies if a person in respect of whom a Part 1 warrant is issued appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must proceed under section 11.

Section 11 Bars to extradition

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the category 1 territory is barred by reason of—

(a) the rule against double jeopardy;

(aa) absence of prosecution decision;

(b) extraneous considerations;

(c) the passage of time;

(d) the person’s age;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) speciality;

(g) the person’s earlier extradition to the United Kingdom from another category 1 territory;

(h) the person’s earlier extradition to the United Kingdom from a non-category 1 territory.

(i) the person's earlier transfer to the United Kingdom by the International Criminal Court.

(j) forum.

(1A) But the judge is to decide whether the person's extradition is barred by reason of —

(a) absence of prosecution decision, or

(b) forum,

only

in a case where the Part 1 warrant contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory).

(2) Sections 12 to 19F apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 20.

(5) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 21A .

Section 12 Rule against double jeopardy

A person’s extradition to a category 1 territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction on the assumption—

(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b) that the person were charged with the extradition offence in that part of the United Kingdom.

Section 12A Absence of prosecution decision

(1) A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)—

(a) it appears to the appropriate judge that there are reasonable grounds for believing that—

(i) the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and

(ii) the person's absence from the category 1 territory is not the sole reason for that failure,

and

(b) those representing the category 1 territory do not prove that—

(i) the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or

(ii) in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure.

(2) In this section “to charge” and “ to try ”, in relation to a person and an extradition offence, mean—

(a) to charge the person with the offence in the category 1 territory, and

(b) to try the person for the offence in the category 1 territory.

Section 13 Extraneous considerations

A person’s extradition to a category 1 territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the Part 1 warrant issued in respect of him (though purporting to be issued on account of the extradition offence) is in fact issued for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.

Section 14 Passage of time

A person’s extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have—

(a) committed the extradition offence (where he is accused of its commission), or

(b) become unlawfully at large (where he is alleged to have been convicted of it)

.

Section 15 Age

A person’s extradition to a category 1 territory is barred by reason of his age if (and only if) it would be conclusively presumed because of his age that he could not be guilty of the extradition offence on the assumption—

(a) that the conduct constituting the extradition offence constituted an offence in the part of the United Kingdom where the judge exercises jurisdiction;

(b) that the person carried out the conduct when the extradition offence was committed (or alleged to be committed);

(c) that the person carried out the conduct in the part of the United Kingdom where the judge exercises jurisdiction.

Section 16 Hostage-taking considerations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17 Speciality

(1) A person’s extradition to a category 1 territory is barred by reason of speciality if (and only if) there are no speciality arrangements with the category 1 territory.

(2) There are speciality arrangements with a category 1 territory if, under the law of that territory or arrangements made between it and the United Kingdom, a person who is extradited to the territory from the United Kingdom may be dealt with in the territory for an offence committed before his extradition only if—

(a) the offence is one falling within subsection (3), or

(b) the condition in subsection (4) is satisfied.

(3) The offences are—

(a) the offence in respect of which the person is extradited;

(b) an extradition offence disclosed by the same facts as that offence;

(c) an extradition offence in respect of which the appropriate judge gives his consent under section 55 to the person being dealt with;

(d) an offence which is not punishable with imprisonment or another form of detention;

(e) an offence in respect of which the person will not be detained in connection with his trial, sentence or appeal;

(f) an offence in respect of which the person waives the right that he would have (but for this paragraph) not to be dealt with for the offence.

(4) The condition is that the person is given an opportunity to leave the category 1 territory and—

(a) he does not do so before the end of the permitted period, or

(b) if he does so before the end of the permitted period, he returns there.

(5) The permitted period is 45 days starting with the day on which the person arrives in the category 1 territory.

(6) Arrangements made with a category 1 territory which is a Commonwealth country or a British overseas territory may be made for a particular case or more generally.

(7) A certificate issued by or under the authority of the Secretary of State confirming the existence of arrangements with a category 1 territory which is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.

Section 18 Earlier extradition to United Kingdom from category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from another category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from another category 1 territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c) that consent has not been given on behalf of the extraditing territory.

Section 19 Earlier extradition to United Kingdom from non-category 1 territory

A person’s extradition to a category 1 territory is barred by reason of his earlier extradition to the United Kingdom from a non-category 1 territory if (and only if)—

(a) the person was extradited to the United Kingdom from a territory that is not a category 1 territory (the extraditing territory);

(b) under arrangements between the United Kingdom and the extraditing territory, that territory’s consent is required to the person’s being dealt with in the United Kingdom in respect of the extradition offence under consideration;

(c) consent has not been given on behalf of the extraditing territory to the person’s extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration.

Section 19A Earlier transfer to United Kingdom by International Criminal Court

(1) A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—

(a) the person was transferred to the United Kingdom to serve a sentence imposed by the Court;

(b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c) that consent has not been given.

(2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a) remained voluntarily in the United Kingdom for more than 30 days, or

(b) left the United Kingdom and returned to it.

Section 19B Forum

(1) The extradition of a person (“D”) to a category 1 territory is barred by reason of forum if the extradition would not be in the interests of justice.

(2) For the purposes of this section, the extradition would not be in the interests of justice if the judge—

(a) decides that a substantial measure of D's relevant activity was performed in the United Kingdom; and

(b) decides, having regard to the specified matters relating to the interests of justice (and only those matters), that the extradition should not take place.

(3) These are the specified matters relating to the interests of justice—

(a) the place where most of the loss or harm resulting from the extradition offence occurred or was intended to occur;

(b) the interests of any victims of the extradition offence;

(c) any belief of a prosecutor that the United Kingdom, or a particular part of the United Kingdom, is not the most appropriate jurisdiction in which to prosecute D in respect of the conduct constituting the extradition offence;

(d) were D to be prosecuted in a part of the United Kingdom for an offence that corresponds to the extradition offence, whether evidence necessary to prove the offence is or could be made available in the United Kingdom;

(e) any delay that might result from proceeding in one jurisdiction rather than another;

(f) the desirability and practicability of all prosecutions relating to the extradition offence taking place in one jurisdiction, having regard (in particular) to—

(i) the jurisdictions in which witnesses, co-defendants and other suspects are located, and

(ii) the practicability of the evidence of such persons being given in the United Kingdom or in jurisdictions outside the United Kingdom;

(g) D's connections with the United Kingdom.

(4) In deciding whether the extradition would not be in the interests of justice, the judge must have regard to the desirability of not requiring the disclosure of material which is subject to restrictions on disclosure in the category 1 territory concerned.

(5) If, on an application by a prosecutor, it appears to the judge that the prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence, the judge must make that prosecutor a party to the proceedings on the question of whether D's extradition is barred by reason of forum.

(6) In this section “ D's relevant activity ” means activity which is material to the commission of the extradition offence and which is alleged to have been performed by D.

Section 19C Effect of prosecutor's certificates on forum proceedings

(1) The judge hearing proceedings under section 19B (the “forum proceedings”) must decide that the extradition is not barred by reason of forum if (at a time when the judge has not yet decided the proceedings) the judge receives a prosecutor's certificate relating to the extradition.

(2) That duty to decide the forum proceedings in that way is subject to the determination of any question relating to the prosecutor's certificate raised in accordance with section 19E.

(3) A designated prosecutor may apply for the forum proceedings to be adjourned for the purpose of assisting that or any other designated prosecutor—

(a) in considering whether to give a prosecutor's certificate relating to the extradition,

(b) in giving such a certificate, or

(c) in sending such a certificate to the judge.

(4) If such an application is made, the judge must—

(a) adjourn the forum proceedings until the application is decided; and

(b) continue the adjournment, for such period as appears to the judge to be reasonable, if the application is granted.

(5) But the judge must end the adjournment if the application is not granted.

Section 19D Prosecutor's certificates

(1) A “prosecutor's certificate” is a certificate given by a designated prosecutor which—

(a) certifies both matter A and matter B, and

(b) certifies either matter C or matter D.

(2) Matter A is that a responsible prosecutor has considered the offences for which D could be prosecuted in the United Kingdom, or a part of the United Kingdom, in respect of the conduct constituting the extradition offence.

(3) Matter B is that the responsible prosecutor has decided that there are one or more such offences that correspond to the extradition offence (the “corresponding offences”).

(4) Matter C is that—

(a) the responsible prosecutor has made a formal decision as to the prosecution of D for the corresponding offences,

(b) that decision is that D should not be prosecuted for the corresponding offences, and

(c) the reason for that decision is a belief that—

(i) there would be insufficient admissible evidence for the prosecution; or

(ii) the prosecution would not be in the public interest.

(5) Matter D is that the responsible prosecutor believes that D should not be prosecuted for the corresponding offences because there are concerns about the disclosure of sensitive material in—

(a) the prosecution of D for the corresponding offences, or

(b) any other proceedings.

(6) In relation to the extradition of any person to a category 1 territory, neither this section nor any other rule of law (whether or not contained in an enactment) may require a designated prosecutor—

(a) to consider any matter relevant to giving a prosecutor's certificate; or

(b) to consider whether to give a prosecutor's certificate.

(7) In this section “ sensitive material ” means material which appears to the responsible prosecutor to be sensitive, including material appearing to be sensitive on grounds relating to—

(a) national security,

(b) international relations, or

(c) the prevention or detection of crime (including grounds relating to the identification or activities of witnesses, informants or any other persons supplying information to the police or any other law enforcement agency who may be in danger if their identities are revealed).

Section 19E Questioning of prosecutor's certificate

(1) No decision of a designated prosecutor relating to a prosecutor's certificate in respect of D's extradition (a “relevant certification decision”) may be questioned except on an appeal under section 26 against an order for that extradition.

(2) In England and Wales, and Northern Ireland, for the purpose of—

(a) determining whether to give permission for a relevant certification decision to be questioned, and

(b) determining any such question (if that permission is given),

the High Court must apply the procedures and principles which would be applied by it on an application for judicial review.

(3) In Scotland, for the purpose of determining any questioning of a relevant certification decision, the High Court must apply the procedures and principles that would be applied by it on an application for judicial review.

(4) In a case where the High Court quashes a prosecutor's certificate, the High Court is to decide the question of whether or not the extradition is barred by reason of forum.

(5) Where the High Court is required to decide that question by virtue of subsection (4)—

(a) sections 19B to 19D and this section apply in relation to that decision (with the appropriate modifications) as they apply to a decision by a judge; and

(b) in particular—

(i) a reference in this section to an appeal under section 26 has effect as a reference to an appeal under section 32 to the Supreme Court;

(ii) a reference in this section to the High Court has effect as a reference to the Supreme Court.

Section 19F Interpretation of sections 19B to 19E

(1) This section applies for the purposes of sections 19B to 19E (and this section).

(2) These expressions have the meanings given—

“ D ” has the meaning given in section 19B(1);

“ designated prosecutor ” means—

a member of the Crown Prosecution Service, or

any other person who—

is a prosecutor designated for the purposes of this section by order made by the Secretary of State, or

is within a description of prosecutors so designated;

“ extradition offence ” means the offence specified in the Part 1 warrant (including the conduct that constitutes the extradition offence);

“ forum proceedings ” has the meaning given in section 19C(1);

“ part of the United Kingdom ” means—

England and Wales;

Scotland;

Northern Ireland;

“ prosecutor ” means a person who has responsibility for prosecuting offences in any part of the United Kingdom (whether or not the person also has other responsibilities);

“ prosecutor's certificate ” has the meaning given in section 19D(1);

“ responsible prosecutor ”, in relation to a prosecutor's certificate, means—

the designated prosecutor giving the certificate, or

another designated prosecutor.

(3) In determining for any purpose whether an offence corresponds to the extradition offence, regard must be had, in particular, to the nature and seriousness of the two offences.

(4) A reference to a formal decision as to the prosecution of D for an offence is a reference to a decision (made after complying with, in particular, any applicable requirement concerning a code of practice) that D should, or should not, be prosecuted for the offence.

Section 20 Case where person has been convicted

(1) If the judge is required to proceed under this section (by virtue of section 11) he must decide whether the person was convicted in his presence.

(2) If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.

(3) If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4) If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.

(5) If the judge decides that question in the negative he must decide whether the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial.

(6) If the judge decides the question in subsection (5) in the affirmative he must proceed under section 21.

(7) If the judge decides that question in the negative he must order the person’s discharge.

(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—

(a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;

(b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him.

Section 21 Person unlawfully at large: human rights

(1) If the judge is required to proceed under this section (by virtue of section ... 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2) If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3) If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the category 1 territory.

(5) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 21A Person not convicted: human rights and proportionality

(1) If the judge is required to proceed under this section (by virtue of section 11), the judge must decide both of the following questions in respect of the extradition of the person (“D”)—

(a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998;

(b) whether the extradition would be disproportionate.

(2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account.

(3) These are the specified matters relating to proportionality—

(a) the seriousness of the conduct alleged to constitute the extradition offence;

(b) the likely penalty that would be imposed if D was found guilty of the extradition offence;

(c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D.

(4) The judge must order D's discharge if the judge makes one or both of these decisions—

(a) that the extradition would not be compatible with the Convention rights;

(b) that the extradition would be disproportionate.

(5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions—

(a) that the extradition would be compatible with the Convention rights;

(b) that the extradition would not be disproportionate.

(6) If the judge makes an order under subsection (5) he must remand the person in custody or on bail to wait for extradition to the category 1 territory.

(7) If the person is remanded in custody, the appropriate judge may later grant bail.

(8) In this section “ relevant foreign authorities ” means the authorities in the territory to which D would be extradited if the extradition went ahead.

Section 21B Request for temporary transfer etc

(1) This section applies if—

(a) a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and

(b) at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made.

(2) A request under this subsection is a request by a judicial authority of the category 1 territory in which the warrant is issued (“the requesting territory”)—

(a) that the person in respect of whom the warrant is issued be temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.

(3) A request under this subsection is a request by the person in respect of whom the warrant is issued—

(a) to be temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant.

(4) The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request.

An adjournment under this subsection must not be for more than 7 days.

(5) If the person or authority consents to the request, the judge must—

(a) make whatever orders and directions seem appropriate for giving effect to the request;

(b) order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out.

(6) If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it—

(a) no steps (or further steps) may be taken to give effect to the request;

(b) the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)).

(7) A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn).

(8) A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn).

(9) If—

(a) a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and

(b) the proceedings are adjourned under this section,

the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.

Section 22 Person charged with offence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is charged with an offence in the United Kingdom.

(2) The judge must adjourn the extradition hearing until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore .

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise) .

(4) If before he adjourns the extradition hearing under subsection (2) the judge has decided under section 11 whether the person’s extradition is barred by reason of the rule against double jeopardy, the judge must decide that question again after the resumption of the hearing.

Section 23 Person serving sentence in United Kingdom

(1) This section applies if at any time in the extradition hearing the judge is informed that the person in respect of whom the Part 1 warrant is issued is in custody serving a sentence of imprisonment or another form of detention in the United Kingdom.

(2) The judge may adjourn the extradition hearing until the person is released from detention pursuant to the sentence (whether on licence or otherwise) .

(3) In a case where an extradition hearing is adjourned under subsection (2)—

(a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 ( S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i) paragraph (a)(iii), or

(ii) the words after paragraph (b),

were a reference to six months.

Section 24 Extradition request

(1) This section applies if at any time in the extradition hearing the judge is informed that—

(a) a certificate has been issued under section 70 in respect of a request for the person’s extradition;

(b) the request has not been disposed of;

(c) an order has been made under section 179(2) for further proceedings on the warrant to be deferred until the request has been disposed of.

(2) The judge must remand the person in custody or on bail.

(3) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 25 Physical or mental condition

(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.

(2) The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.

(3) The judge must—

(a) order the person’s discharge, or

(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied.

Section 26 Appeal against extradition order

(1) If the appropriate judge orders a person’s extradition under this Part, the person may appeal to the High Court against the order.

(2) But subsection (1) does not apply if the order is made under section 46 or 48.

(3) An appeal under this section—

(a) may be brought on a question of law or fact , but

(b) lies only with the leave of the High Court.

(4) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made.

(5) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

Section 27 Court’s powers on appeal under section 26

(1) On an appeal under section 26 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the appropriate judge ought to have decided a question before him at the extradition hearing differently;

(b) if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently;

(c) if he had decided the question in that way, he would have been required to order the person’s discharge.

(5) If the court allows the appeal it must—

(a) order the person’s discharge;

(b) quash the order for his extradition.

Section 28 Appeal against discharge at extradition hearing

(1) If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.

(2) But subsection (1) does not apply if the order for the person’s discharge was under section 41.

(3) The relevant decision is the decision which resulted in the order for the person’s discharge.

(4) An appeal under this section—

(a) may be brought on a question of law or fact , but

(b) lies only with the leave of the High Court.

(5) Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.

Section 29 Court’s powers on appeal under section 28

(1) On an appeal under section 28 the High Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

(3) The conditions are that—

(a) the judge ought to have decided the relevant question differently;

(b) if he had decided the question in the way he ought to have done, he would not have been required to order the person’s discharge.

(4) The conditions are that—

(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

(b) the issue or evidence would have resulted in the judge deciding the relevant question differently;

(c) if he had decided the question in that way, he would not have been required to order the person’s discharge.

(5) If the court allows the appeal it must—

(a) quash the order discharging the person;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(6) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(7) If the court allows the appeal it must remand the person in custody or on bail.

(8) If the court remands the person in custody it may later grant bail.

Section 30 Detention pending conclusion of appeal under section 28

(1) This section applies if immediately after the judge orders the person’s discharge the judge is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 28.

(2) The judge must remand the person in custody or on bail while the appeal is pending.

(3) If the person is remanded in custody, the appropriate judge may later grant bail.

(4) An appeal under section 28 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal,

unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the Supreme Court ;

(c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the Supreme Court against the decision of the High Court on the appeal is granted , if no appeal to the Supreme Court is brought before the end of that period ;

(d) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section do not apply to Scotland.

Section 30A Detention pending conclusion of appeal under section 28: Scotland

(1) This section applies if immediately after the judge orders the person's discharge the judge is informed by the authority which issued the Part 1 warrant (“ the issuing authority ”) that it intends to appeal under section 28 (“the High Court appeal”).

(2) The judge must remand the person in custody or on bail while the High Court appeal is pending.

(3) The High Court appeal ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are abandoned;

(aa) when the decision of the High Court refusing leave to appeal to it becomes final;

(b) when the High Court—

(i) allows the appeal, or

(ii) dismisses the appeal.

(3A) The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal (ignoring any power of a court to grant leave to take a step out of time).

(4) If—

(a) the High Court appeal is dismissed, and

(b) immediately after dismissing it, the High Court is informed by the issuing authority that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”),

the High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

(5) The Supreme Court appeal ceases to be pending at the earliest of these times—

(a) the end of the period of 28 days starting with the day when the High Court appeal is dismissed (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

(b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

(c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

(d) the time when the proceedings on the Supreme Court appeal are abandoned;

(e) the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant leave to take a step out of time).

(6) If the person is remanded in custody by the judge or the High Court, the High Court may later grant bail.

(7) In this section “ relevant devolution issue ” means a devolution issue relating to the person's extradition.

(8) This section applies only to Scotland.

Section 31 Appeal to High Court: time limit for start of hearing

(1) Rules of court must prescribe the period (the relevant period) within which the High Court must begin to hear an appeal under section 26 or 28.

(2) Rules of court must provide for the relevant period to start with the date on which the person in respect of whom a Part 1 warrant is issued—

(a) was arrested under section 5, if he was arrested under that section;

(b) was arrested under the Part 1 warrant, if he was not arrested under section 5.

(3) The High Court must begin to hear the appeal before the end of the relevant period.

(4) The High Court may extend the relevant period if it believes it to be in the interests of justice to do so; and this subsection may apply more than once.

(5) The power in subsection (4) may be exercised even after the end of the relevant period.

(6) If subsection (3) is not complied with and the appeal is under section 26—

(a) the appeal must be taken to have been allowed by a decision of the High Court;

(b) the person whose extradition has been ordered must be taken to have been discharged by the High Court;

(c) the order for the person’s extradition must be taken to have been quashed by the High Court.

(7) If subsection (3) is not complied with and the appeal is under section 28 the appeal must be taken to have been dismissed by a decision of the High Court.

Section 32 Appeal to Supreme Court

(1) An appeal lies to the Supreme Court from a decision of the High Court on an appeal under section 26 or 28.

(2) An appeal under this section lies at the instance of—

(a) the person in respect of whom the Part 1 warrant was issued;

(b) the authority which issued the Part 1 warrant.

(3) An appeal under this section lies only with the leave of the High Court or the Supreme Court .

(4) Leave to appeal under this section must not be granted unless—

(a) the High Court has certified that there is a point of law of general public importance involved in the decision, and

(b) it appears to the court granting leave that the point is one which ought to be considered by the Supreme Court .

(5) An application to the High Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the court makes its decision on the appeal to it.

(6) An application to the Supreme Court for leave to appeal under this section must be made before the end of the permitted period, which is 14 days starting with the day on which the High Court refuses leave to appeal.

(7) If leave to appeal under this section is granted, the appeal must be brought before the end of the permitted period, which is 28 days starting with the day on which leave is granted.

(8) If subsection (7) is not complied with—

(a) the appeal must be taken to have been brought;

(b) the appeal must be taken to have been dismissed by the Supreme Court immediately after the end of the period permitted under that subsection.

(9) These must be ignored for the purposes of subsection (8)(b)—

(a) any power of a court to extend the period permitted for bringing the appeal;

(b) any power of a court to grant leave to take a step out of time.

(10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.

(11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House of Lords for hearing and determination of appeals) applies in relation to an appeal under this section or an application for leave to appeal under this section as it applies in relation to an appeal under that Act.

(12) An order of the House of Lords which provides for an application for leave to appeal under this section to be determined by a committee constituted in accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that the decision of the committee is taken on behalf of the House.

(13) The preceding provisions of this section do not apply to Scotland.

Section 33 Powers of Supreme Court on appeal under section 32

(1) On an appeal under section 32 the Supreme Court may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) Subsection (3) applies if—

(a) the person in respect of whom the Part 1 warrant was issued brings an appeal under section 32, and

(b) the Supreme Court allows the appeal.

(3) The Supreme Court must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 26.

(4) Subsection (5) applies if—

(a) the High Court allows an appeal under section 26 by the person in respect of whom the Part 1 warrant was issued,

(b) the authority which issued the warrant brings an appeal under section 32 against the decision of the High Court, and

(c) the Supreme Court allows the appeal.

(5) The Supreme Court must—

(a) quash the order of the High Court under section 27(5) discharging the person;

(b) order the person to be extradited to the category 1 territory in which the warrant was issued.

(6) Subsections (7) and (8) apply if—

(a) the High Court dismisses an appeal under section 28 against a decision made by the judge at the extradition hearing,

(b) the authority which issued the Part 1 warrant brings an appeal under section 32 against the decision of the High Court, and

(c) the Supreme Court allows the appeal.

(7) If the judge would have been required to order the person in respect of whom the warrant was issued to be extradited had he decided the relevant question differently, the Supreme Court must—

(a) quash the order of the judge discharging the person;

(b) order the person to be extradited to the category 1 territory in which the warrant was issued.

(8) In any other case, the Supreme Court must—

(a) quash the order of the judge discharging the person in respect of whom the warrant was issued;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(9) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

(10) In a case where—

(a) subsection (5) applies, or

(b) subsections (7) and (8) apply,

the Supreme Court must remand, in custody or on bail, the person in respect of whom the warrant was issued.

(11) If the Supreme Court remands the person in custody the High Court may later grant bail.

Section 33A Detention pending conclusion of certain appeals under section 32

(1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.

(2) The court must remand the person in custody or on bail while the appeal under section 32 is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) An appeal under section 32 ceases to be pending at the earliest of these times—

(a) when the proceedings on the appeal are discontinued;

(b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5) The preceding provisions of this section do not apply to Scotland.

Section 33B Detention pending conclusion of appeals relating to devolution issues

(1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant (“ the issuing authority ”) that it intends to bring an appeal to the Supreme Court against a determination of a relevant devolution issue (“the Supreme Court appeal”).

(2) The High Court must remand the person in custody or on bail while the Supreme Court appeal is pending.

(3) If the court remands the person in custody it may later grant bail.

(4) The Supreme Court appeal ceases to be pending at the earliest of these times—

(a) the end of the period of 28 days starting with the day when the High Court orders the person's discharge (unless, within that period, an application is made to the High Court for permission to make the Supreme Court appeal);

(b) the end of the period of 28 days starting with the day when the High Court refuses permission to make the Supreme Court appeal (unless, within that period, an application is made to the Supreme Court for permission to make the Supreme Court appeal);

(c) the end of the period of 28 days starting with the day on which permission is given to bring the Supreme Court appeal (unless the appeal is brought within that period);

(d) the time when the proceedings on the Supreme Court appeal are abandoned;

(e) the time when there is no further step that can be taken in relation to the Supreme Court appeal by the issuing authority (ignoring any power of a court to grant permission to take a step out of time).

(5) In this section “ relevant devolution issue ” means a devolution issue relating to the person's extradition.

(6) This section applies only to Scotland.

Section 33ZA Scottish devolution issue: remand in custody or on bail

(1) This section applies where, on an appeal to the Supreme Court against a determination of a devolution issue relating to a person's extradition under this Part, the Supreme Court—

(a) remits the case to the High Court, or

(b) orders the person's extradition.

(2) The Supreme Court must remand the person in custody or on bail pending the person's extradition.

(3) If the Supreme Court remands the person in custody it may later grant bail.

Section 34 Appeals: general

(1) A decision of the judge under this Part may be questioned in legal proceedings only by means of an appeal under this Part.

(2) Subsection (1) does not prevent an appeal against a determination of a devolution issue.

(3) In this Part “ devolution issue ” has the same meaning as in Schedule 6 to the Scotland Act 1998.

Section 35 Extradition where no appeal

(1) This section applies if the appropriate judge orders a person’s extradition to a category 1 territory under this Part and either—

(a) no notice of application for leave to appeal under section 26 is given before the end of the period permitted under that section, or

(b) notice is given during that period but the High Court refuses leave to appeal to it.

(2) But this section does not apply if the order is made under section 46 or 48.

(3) The person must be extradited to the category 1 territory before the end of the required period.

(4) The required period is—

(a) 10 days starting with—

(i) the first day after the period permitted under section 26 for giving notice of application for leave to appeal against the judge’s order (where subsection (1)(a) applies), or

(ii) the day on which the decision of the High Court refusing leave to appeal to it becomes final (where subsection (1)(b) applies), or

(b) if the judge and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.

(4ZA) The decision of the High Court refusing leave to appeal to it becomes final when, in accordance with rules of court, there is no further step that can be taken in relation to the application for leave to appeal.

(4A) If the day referred to in subsection (4)(a)(i) or (ii) is earlier than the earliest day on which, by reason of an order under section 36A or 36B, the extradition order may be carried out (“the postponed date”), subsection (4)(a) has effect as if it referred to the period of 10 days starting with the postponed date .

(5) If subsection (3) is not complied with and the person applies to the appropriate judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

(6) These must be ignored for the purposes of subsections (1) to (4A) —

(a) any power of a court to extend the period permitted for giving notice of application for leave to appeal ;

(b) any power of a court to grant leave to take a step out of time.

(7) If leave to appeal to the High Court is granted on an application notice of which was given after the end of the period permitted under section 26, this section ceases to apply (but section 36 applies instead).